Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1998-99 Season

Part V

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 1998-99

Season; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93

Migratory Bird Hunting; Proposed Migratory Bird Hunting

Regulations on Certain Federal Indian Reservations and Ceded Lands for

the 1998-99 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: This rule proposes special migratory bird hunting regulations

for certain tribes on Federal Indian reservations, off-reservation

trust lands, and ceded lands for the 1998-99 migratory bird hunting

season.

DATES: The comment period for these proposed regulations will end on

August 24, 1998.

ADDRESSES: Comments should be sent to: Chief, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, ms 634-ARLSQ, 1849 C St.,

NW., Washington, DC 20240. The public may inspect comments received, if

any, during normal business hours in Room 634-Arlington Square

Building, 4401 N. Fairfax Drive, Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, (703/358-1838).

tory Bird

Management, U.S. Fish and Wildlife Service, ms 634-ARLSQ, 1849 C St.,

NW., Washington, DC 20240. The public may inspect comments received, if

any, during normal business hours in Room 634-Arlington Square

Building, 4401 N. Fairfax Drive, Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, (703/358-1838).

SUPPLEMENTARY INFORMATION: In the March 20, 1998, Federal Register (63

FR 13748), the Service requested proposals from Indian tribes wishing

to establish special migratory bird hunting regulations for the 1998-99

hunting season, under the guidelines described in the June 4, 1985,

Federal Register (50 FR 23467). The Service developed guidelines in

response to tribal requests for recognition of their reserved hunting

rights and, for some tribes, recognition of their authority to regulate

hunting by both tribal and non-tribal members on their reservations.

The guidelines include possibilities for:

(1) On-reservation hunting by both tribal and non-tribal members,

with hunting by non-tribal members on some reservations to take place

within Federal frameworks but on dates different from those selected by

the surrounding State(s);

(2) On-reservation hunting by tribal members only, outside of usual

Federal frameworks for season dates and length, and for daily bag and

possession limits; and

(3) Off-reservation hunting by tribal members on ceded lands,

outside of usual framework dates and season length, with some added

flexibility in daily bag and possession limits.

In all cases, the regulations established under the guidelines must

be consistent with the March 10 to September 1 closed season mandated

by the 1916 Migratory Bird Treaty with Canada. The guidelines apply to

those tribes having recognized reserved hunting rights on Federal

Indian reservations (including off-reservation trust lands) and on

ceded lands

lity in daily bag and possession limits.

In all cases, the regulations established under the guidelines must

be consistent with the March 10 to September 1 closed season mandated

by the 1916 Migratory Bird Treaty with Canada. The guidelines apply to

those tribes having recognized reserved hunting rights on Federal

Indian reservations (including off-reservation trust lands) and on

ceded lands. They also apply to establishing migratory bird hunting

regulations for non-tribal members on all lands within the exterior

boundaries of reservations where tribes have full wildlife management

authority over such hunting or where the tribes and affected States

otherwise have reached agreement over hunting by non-tribal members on

lands owned by non-Indians within the reservation.

Tribes usually have the authority to regulate migratory bird

hunting by nonmembers on Indian-owned reservation lands, subject to

Service approval. The question of jurisdiction is more complex on

reservations that include lands owned by non-Indians, especially when

the surrounding States have established or intend to establish

regulations governing hunting by non-Indians on these lands. In such

cases, the Service encourages the tribes and States to reach agreement

on regulations that would apply throughout the reservations. When

appropriate, the Service will consult with a tribe and State with the

aim of facilitating an accord. The Service also will consult jointly

with tribal and State officials in the affected States where tribes

wish to establish special hunting regulations for tribal members on

ceded lands.

Because of past questions regarding interpretation of what events

trigger the consultation process, as well as who initiates it, the

Service provides the following clarification. The Service routinely

provides copies of Federal Register publications to all State

Directors, tribes and other interested parties

es

wish to establish special hunting regulations for tribal members on

ceded lands.

Because of past questions regarding interpretation of what events

trigger the consultation process, as well as who initiates it, the

Service provides the following clarification. The Service routinely

provides copies of Federal Register publications to all State

Directors, tribes and other interested parties. It is the

responsibility of the States, tribes and others to notify the Service

of any concern regarding any feature(s) of any regulations to the

attention of the Service. When the Service receives such notification,

we will initiate consultation.

Service guidelines provide for the continued harvest of waterfowl

and other migratory game birds by tribal members on reservations where

it has been a customary practice. The Service does not oppose this

harvest, provided it does not take place during the closed season

defined by the 1916 Migratory Bird Convention with Canada, and does not

adversely affect the status of the migratory bird resource.

Before developing the guidelines, the Service reviewed available

information on the current status of migratory bird populations;

reviewed the current status of migratory bird hunting on Federal Indian

reservations; and evaluated the potential impact of such guidelines on

migratory birds. The Service concluded that the impact of migratory

bird harvest by tribal members hunting on their reservations is

minimal.

One area of interest in Indian migratory bird hunting regulations

relates to hunting seasons for non-tribal members on dates that are

within Federal frameworks, but which are different from those

established by the State(s) where the reservation is located. A large

influx of non-tribal hunters onto a reservation at a time when the

season is closed in the surrounding State(s) could result in adverse

population impacts on one or more migratory bird species. The

guidelines make this unlikely, however, because tribal proposals must

include:

frameworks, but which are different from those

established by the State(s) where the reservation is located. A large

influx of non-tribal hunters onto a reservation at a time when the

season is closed in the surrounding State(s) could result in adverse

population impacts on one or more migratory bird species. The

guidelines make this unlikely, however, because tribal proposals must

include:

(a) Harvest anticipated under the requested regulations;

(b) Methods that will be employed to measure or monitor harvest

(such as bag checks, mail questionnaires, etc.);

(c) Steps that will be taken to limit level of harvest, where it

could be shown that failure to limit such harvest would adversely

impact the migratory bird resource; and

(d) Tribal capabilities to establish and enforce migratory bird

hunting regulations.

The Service may modify or establish regulations experimentally,

after evaluation and confirmation of harvest information obtained by

the tribes.

The Service believes the guidelines provide appropriate opportunity

to accommodate the reserved hunting rights and management authority of

Indian tribes while ensuring that the migratory bird resource receives

necessary protection. The conservation of this important international

resource is paramount. The guidelines should not be viewed as

inflexible. In this regard, the Service notes that they have been

employed successfully since 1985. The Service believes they have been

tested adequately and therefore, made them final beginning with the

1988-89 hunting season. It should be stressed here, however, that use

of the guidelines is not mandatory and no action is required if a tribe

wishes to observe the hunting regulations established by the State(s)

in which the reservation is located.

In summary, this document proposes 1998-99 season migratory bird

hunting regulations for participating tribes.

Hunting Season Proposals From Indian Tribes and Organizations

hould be stressed here, however, that use

of the guidelines is not mandatory and no action is required if a tribe

wishes to observe the hunting regulations established by the State(s)

in which the reservation is located.

In summary, this document proposes 1998-99 season migratory bird

hunting regulations for participating tribes.

Hunting Season Proposals From Indian Tribes and Organizations

For the 1998-99 hunting season, the Service received requests from

nineteen tribes and Indian organizations appropriate for Federal

Register publication. The Service actively solicits regulatory

proposals from other tribal groups that are interested in working

cooperatively for the benefit of waterfowl and other migratory game

birds. The Service encourages tribes to work with us to develop

agreements for management of migratory bird resources on tribal lands.

It should be noted that this proposed rule includes generalized

regulations for both early- and late-season hunting. A final rule will

be published in a late-August 1998 Federal Register that will include

tribal regulations for the early-hunting season. The early season

begins on September 1 each year and most commonly includes such species

as mourning doves and white-winged doves. A final rule will also be

published in a September 1998 Federal Register that will include

regulations for late-season hunting. The late season begins on or

around October 1 and most commonly includes waterfowl species.

In this current rulemaking, because of the compressed time frame

for establishing regulations for Indian tribes and because final

frameworks dates and other specific information are not available, the

regulations for many tribal hunting seasons are described in relation

to the season dates, season length and limits that will be permitted

when final Federal frameworks are announced for early- and late-season

regulations

because of the compressed time frame

for establishing regulations for Indian tribes and because final

frameworks dates and other specific information are not available, the

regulations for many tribal hunting seasons are described in relation

to the season dates, season length and limits that will be permitted

when final Federal frameworks are announced for early- and late-season

regulations. For example, daily bag and possession limits for ducks on

some areas are shown as ``Same as permitted Pacific Flyway States under

final Federal frameworks,'' and limits for geese will be shown as the

same permitted by the State(s) in which the tribal hunting area is

located.

The proposed frameworks for early-season regulations were published

in the Federal Register on July 17, 1998 (63 FR 38700); early-season

final frameworks will be published in mid-August. Proposed late-season

frameworks for waterfowl and coots will be published in mid-August, and

the final frameworks for the late seasons will be published in mid-

September. The Service will notify affected tribes of season dates, bag

limits, etc., as soon as final frameworks are established. As

previously discussed, no action is required by tribes wishing to

observe migratory bird hunting regulations established by the State(s)

where they are located.

The proposed regulations for the twenty tribes with proposals that

meet the established criteria are shown below.

e Service will notify affected tribes of season dates, bag

limits, etc., as soon as final frameworks are established. As

previously discussed, no action is required by tribes wishing to

observe migratory bird hunting regulations established by the State(s)

where they are located.

The proposed regulations for the twenty tribes with proposals that

meet the established criteria are shown below.

(a) Colorado River Indian Tribes, Colorado River Indian Reservation,

Parker, Arizona (Tribal Members and Non-Tribal Hunters)

The Colorado River Indian Reservation is located in Arizona and

California. The tribes own almost all lands on the reservation, and

have full wildlife management authority.

In their 1998-99 proposal, dated May 21, 1998, the Colorado River

Indian Tribes requested split dove seasons. They propose their early

season begin September 1 and end September 15, 1998. Daily bag limits

would be 10 mourning or 10 white-winged doves either singly or in the

aggregate. The late season for doves is proposed to open November 21,

1998, and close January 4, 1999. A daily bag limit would be 10 mourning

doves. The possession limit would be twice the daily bag limit.

Shooting hours would be from one-half hour before sunrise to noon.

Other special tribally set regulations would apply.

The tribes also propose duck hunting seasons. The season would open

on a Saturday and run for the maximum number of days allowed under the

Pacific Flyway frameworks through January 17, 1998. The tribes propose

the same season dates for coots and common moorhens. The daily bag

limit for ducks, including mergansers, would be the same as that

allowed in the Pacific Flyway. The possession limit would be twice the

daily bag limit. The daily bag limit for coots and common moorhens

would be 25, singly or in the aggregate. The possession limit for coots

and common moorhens would be twice the daily bag limit.

For geese, the Colorado River Indian Tribes propose a season of

November 21, 1998, through January 17, 1999

be the same as that

allowed in the Pacific Flyway. The possession limit would be twice the

daily bag limit. The daily bag limit for coots and common moorhens

would be 25, singly or in the aggregate. The possession limit for coots

and common moorhens would be twice the daily bag limit.

For geese, the Colorado River Indian Tribes propose a season of

November 21, 1998, through January 17, 1999. The daily bag and

possession limits for geese would be 4.

In 1996, the tribe conducted a detailed assessment of dove hunting.

Results showed approximately 16,100 mourning doves and 13,600 white-

winged doves were harvested by approximately 2,660 hunters who averaged

1.45 hunter-days. Field observations and permit sales indicate that

fewer than 200 hunters participate in waterfowl seasons. Under the

proposed regulations described here and, based upon past seasons, the

tribes and the Service estimate harvest will be similar.

Hunters must have a valid Colorado River Indian Reservation hunting

permit in their possession while hunting. As in the past, the

regulations would apply both to tribal and non-tribal hunters, and non-

toxic shot is required for waterfowl hunting. The Service proposes to

approve the Colorado River Indian Tribes regulations for the 1998-99

hunting season.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana (Non-Tribal Hunters)

For the past several years, the Confederated Salish and Kootenai

Tribes and the State of Montana have entered into cooperative

agreements for the regulation of hunting on the Flathead Indian

Reservation. The State and the tribes are currently operating under a

cooperative agreement signed in 1990 that addresses fishing and hunting

management and regulation issues of mutual concern. This agreement

enables all hunters to utilize waterfowl hunting opportunities on the

reservation. The tribes proposed special regulations for waterfowl

hunting were submitted to the Service in a June 8, 1998, proposal

State and the tribes are currently operating under a

cooperative agreement signed in 1990 that addresses fishing and hunting

management and regulation issues of mutual concern. This agreement

enables all hunters to utilize waterfowl hunting opportunities on the

reservation. The tribes proposed special regulations for waterfowl

hunting were submitted to the Service in a June 8, 1998, proposal.

As in the past, tribal regulations for non-tribal members would be

at least as restrictive as those established for the Pacific Flyway

portion of Montana. Goose season dates would also be at least as

restrictive as those established for the Pacific Flyway portion of

Montana.

Shooting hours for waterfowl hunting on the Flathead Reservation

are sunrise to sunset. Steel, bismuth-tin, or other Federally-approved

non-toxic shots are the only legal shotgun loads on the reservation for

waterfowl or other game birds.

The requested season dates and bag limits are generally similar to

past regulations. Harvest levels are not expected to change

significantly. Standardized check station data from the 1993-94 and

1994-95 hunting seasons indicated no significant changes in harvest

levels and that the large majority of the harvest is by non-tribal

hunters.

The Service proposes to approve the tribes' request for special

migratory bird regulations for the 1999-99 hunting season.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort

Thompson, South Dakota (Tribal Members and Non-Tribal Hunters)

The Crow Creek Indian Reservation has a checkerboard pattern of

land ownership, with much of the land

of the harvest is by non-tribal

hunters.

The Service proposes to approve the tribes' request for special

migratory bird regulations for the 1999-99 hunting season.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort

Thompson, South Dakota (Tribal Members and Non-Tribal Hunters)

The Crow Creek Indian Reservation has a checkerboard pattern of

land ownership, with much of the land

owned by non-Indians. Since the 1993-94 season, the tribe has selected

special waterfowl hunting regulations independent of the State of South

Dakota. The tribe observes migratory bird hunting regulations contained

in 50 CFR part 20.

In a May 13, 1998, proposal, the tribe requested that a duck and

goose season starting approximately October 3, 1998, and running until

January 10, 1998, or for the maximum number of days allowed under final

Federal frameworks, with the same daily bag and possession limits

permitted by the final Federal frameworks. The season and bag limits

would be essentially the same as last year, given the final Federal

frameworks. In addition to the above goose season, the tribe has also

proposed a light goose only season from February 17 through March 10,

1999.

The tribe expects harvest to be low because of the small number of

hunters. In 1994-95, duck harvest was 48 birds, down from 67 in 1993-

94. Goose harvest during recent past seasons has been less than 100

geese. Harvest for the 1998-99 coming season should be similar.

The tribe also requests a sandhill crane season from September 19

to October 25, 1998. Bag and possession limits would follow final

Federal frameworks.

The Service proposes to approve the tribal requests provided that

the tribe's light goose season is limited to no more than 107 days of

hunting. Under the Migratory Bird Treaty, all non-tribal hunting season

are limited to no more than 107 days. The Service also reminds the

tribe that all sandhill crane hunters are required to obtain a Federal

sandhill crane permit

final

Federal frameworks.

The Service proposes to approve the tribal requests provided that

the tribe's light goose season is limited to no more than 107 days of

hunting. Under the Migratory Bird Treaty, all non-tribal hunting season

are limited to no more than 107 days. The Service also reminds the

tribe that all sandhill crane hunters are required to obtain a Federal

sandhill crane permit. As such, the tribe should contact the Service

for further information on obtaining the needed permits. In addition,

as with all other groups, the Service requests the tribe continue to

survey and report harvest.

(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,

Minnesota (Tribal Members Only)

In 1996, for the first time, the Service and the Fond du Lac Band

of Lake Superior Chippewa Indians cooperated to establish special

migratory bird hunting regulations for tribal members. The Fond du

Lac's May 27, 1998, proposal covers land set apart for the band under

the Treaty of 1854 in northeast Minnesota.

The band's proposal for 1998-99 is essentially the same as that

approved by the Service last year. Specifically, the Fond du Lac Band

proposes a September 19 to November 22, 1998, season on ducks,

mergansers, coots and moorhens, and a September 5 to November 22, 1998,

season for geese. For sora and Virginia rails, snipe, and woodcock, the

Fond du Lac Band proposes a September 1 to November 22, 1998, season.

Proposed bag limits would consist of the following:

Ducks

Daily Bag Limit: 20 ducks, including no more than 10 mallards (only

5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2

canvasbacks.

Mergansers

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Common Gallinules)

Daily Bag Limit: 20 coots and common moorhens, singly or in the

aggregate.

Sora and Virginia Rails

Daily Bag and Possession Limit: 25 sora and Virginia rails singly,

or in the aggregate

4 redheads, 4 pintails, and 2

canvasbacks.

Mergansers

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Common Gallinules)

Daily Bag Limit: 20 coots and common moorhens, singly or in the

aggregate.

Sora and Virginia Rails

Daily Bag and Possession Limit: 25 sora and Virginia rails singly,

or in the aggregate.

Common Snipe

Daily Bag Limit: 8 common snipe.

Woodcock

Daily Bag Limit: 5 woodcock.

The following general conditions apply:

1. While hunting waterfowl, a tribal member must carry on his/her

person a valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal members will be required to

comply with tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3. Band members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

4. Possession limits for each species are double the daily bag

limit, except on the opening day of the season, when the possession

limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

residence. For purposes of enforcing bag and possession limits, all

migratory birds in the possession or custody of band members on ceded

lands will be considered to have been taken on those lands unless

tagged by a tribal or State conservation warden as having been taken

on-reservation. All migratory birds which fall on reservation lands

will not count as part of any off-reservation bag or possession limit

purposes of enforcing bag and possession limits, all

migratory birds in the possession or custody of band members on ceded

lands will be considered to have been taken on those lands unless

tagged by a tribal or State conservation warden as having been taken

on-reservation. All migratory birds which fall on reservation lands

will not count as part of any off-reservation bag or possession limit.

The Band and the Service anticipate harvest will be fewer than 500

ducks and geese and 150 coots.

The Service proposes to approve the request for special migratory

bird hunting regulations for the Fond du Lac Band of Lake Superior

Chippewas.

(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,

Michigan (Tribal Members Only)

In the 1995-96 migratory bird seasons, the Grand Traverse Band of

Ottawa and Chippewa Indians and the Service first cooperated to

establish special regulations for waterfowl. The Grand Traverse Band is

a self-governing, federally recognized tribe located on the west arm of

Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse

Band is a signatory tribe of the Treaty of 1836. The Service has

approved special regulations for tribal members of the 1836 treaty's

signatory tribes on ceded lands in Michigan since the 1986-87 hunting

season.

For the 1998-99 season, the Grand Traverse Band of Ottawa and

Chippewa Indians proposes a tribal member duck season that would run

from September 20, 1998, through January 20, 1999. A daily bag limit of

10 would include no more than 1 pintail, 1 canvasback, 1 hooded

merganser, 2 black ducks, 2 wood ducks, 2 redheads, and 5 mallards

(only 2 of which may be hens).

For Canada geese, the tribe proposes a September 1 through November

30, 1998, and a January 1 through February 8, 1999, season. For white-

fronted geese, brant, and snow geese, the tribe proposes an October 1

through November 30, 1998, season. The daily bag limit for all geese

(including brant) would be 5 birds

ack ducks, 2 wood ducks, 2 redheads, and 5 mallards

(only 2 of which may be hens).

For Canada geese, the tribe proposes a September 1 through November

30, 1998, and a January 1 through February 8, 1999, season. For white-

fronted geese, brant, and snow geese, the tribe proposes an October 1

through November 30, 1998, season. The daily bag limit for all geese

(including brant) would be 5 birds. Based on Service information, it is

unlikely that any Canada geese from the Southern James Bay Population

would be harvested by the tribe.

For woodcock, snipe, and sora rail, the tribe proposes a September

1 to November 14, 1998, season. The daily bag limit shall not exceed 5

birds per species.

All other Federal regulations contained in 50 CFR part 20 would

apply.

The tribe proposes to closely monitor harvest through game bag

checks, patrols, and mail surveys. In particular, the tribe proposes

monitoring the harvest of Southern James Bay Canada geese to assess any

impacts of tribal hunting on the population.

The Service proposes to approve the Grand Traverse Band of Ottawa

and Chippewa Indian's requested 1998-99 special migratory bird hunting

regulations.

(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin

(Tribal Members Only)

Since 1985, various bands of the Lake Superior Tribe of Chippewa

Indians have exercised judicially recognized off-reservation hunting

rights for migratory birds in Wisconsin. The specific regulations were

established by the Service in consultation with the Wisconsin

Department of Natural Resources and the Great Lakes Indian Fish and

Wildlife Commission (GLIFWC, which represents the various bands).

Beginning in 1986, a tribal season on ceded lands in the western

portion of the State's Upper Peninsula was developed in coordination

with the Michigan Department of Natural Resources, and the Service has

approved special regulations for tribal members in both Michigan and

Wisconsin since the 1986-87, hunting season

n Fish and

Wildlife Commission (GLIFWC, which represents the various bands).

Beginning in 1986, a tribal season on ceded lands in the western

portion of the State's Upper Peninsula was developed in coordination

with the Michigan Department of Natural Resources, and the Service has

approved special regulations for tribal members in both Michigan and

Wisconsin since the 1986-87, hunting season. In 1987, the GLIFWC

requested and the Service approved special regulations to permit tribal

members to hunt on ceded lands in Minnesota, as well as in Michigan and

Wisconsin. The States of Michigan and Wisconsin concurred with the

regulations, although Wisconsin has raised some concerns each year.

Minnesota did not concur with the regulations, stressing that the State

would not recognize Chippewa Indian hunting rights in Minnesota's

treaty area until a court with jurisdiction over the State acknowledges

and defines the extent of these rights. The Service acknowledged the

State's concern, but pointed out that the United States Government has

recognized the Indian hunting rights decided in the Voigt case, and

that acceptable hunting regulations have been negotiated successfully

in both Michigan and Wisconsin even though the Voigt decision did not

specifically address ceded land outside Wisconsin. The Service believes

this is appropriate because the treaties in question cover ceded lands

in Michigan (and Minnesota), as well as in Wisconsin. Consequently, in

view of the above, the Service has approved special regulations since

the 1987-88 hunting season on ceded lands in all three States. In fact,

this recognition of the principle of reserved treaty rights for band

members to hunt and fish was pivotal in a Service decision to approve a

special 1991-92 season for the 1836 ceded area in Michigan.

Recently, certain GLIFWC member bands have brought suit to resolve

the issue of hunting, fishing and gathering rights in the Minnesota

ceded areas covered under the 1837 and 1854 treaties

fact,

this recognition of the principle of reserved treaty rights for band

members to hunt and fish was pivotal in a Service decision to approve a

special 1991-92 season for the 1836 ceded area in Michigan.

Recently, certain GLIFWC member bands have brought suit to resolve

the issue of hunting, fishing and gathering rights in the Minnesota

ceded areas covered under the 1837 and 1854 treaties. The Federal

Government has intervened in support of the bands.

In a May 29, 1998, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1998-99 seasons.

Details of the proposed regulations are shown below. In general, the

proposal is essentially the same as the regulations approved for the

1997-98 season.

Results of the 1997-98 hunter survey show that 1,022 ducks and 183

geese were harvested under an anticipated harvest of 3,000 ducks and

900 geese. Under the proposed regulations, harvest is expected to be

similar to last year and most likely would not exceed 3,000 ducks and

900 geese.

The Service believes that regulations advanced by the GLIFWC for

the 1998-99 hunting season are biologically acceptable and recommends

approval. If the regulations are finalized as proposed, the Service

would request that the GLIFWC closely monitor the member band duck

harvest and take any actions necessary to reduce harvest if locally

nesting populations are being significantly impacted.

The Commission and the Service are parties to a Memorandum of

Agreement (MOA) designed to facilitate the ongoing enforcement of

Service-approved tribal migratory bird regulations. Its intent is to

provide long-term cooperative application.

Also, as in recent seasons, the proposal contains references to

Chapter 10 of the Migratory Bird Harvesting Regulations of the Model

Off-Reservation Conservation Code. Chapter 10 regulations parallel

State and Federal regulations and, in effect, are not changed by this

proposal

of

Service-approved tribal migratory bird regulations. Its intent is to

provide long-term cooperative application.

Also, as in recent seasons, the proposal contains references to

Chapter 10 of the Migratory Bird Harvesting Regulations of the Model

Off-Reservation Conservation Code. Chapter 10 regulations parallel

State and Federal regulations and, in effect, are not changed by this

proposal.

The GLIFWC's proposed 1998-99 waterfowl hunting season regulations

are as follows:

Ducks

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 20 ducks, including no more than 10 mallards (only

5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2

canvasbacks.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 ducks, including no more than 5 mallards (only

2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1

canvasback.

Mergansers

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 5 mergansers.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese: Canada Geese

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or

white-fronted geese taken.

B. Michigan, 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998. In

addition, the same dates and season length permitted the State of

Michigan during the Special September Canada goose Season.

Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or

white-fronted geese taken. In addition, the same bag limit permitted

the State of Michigan during the Special September Canada goose Season.

Geese: Blue, Snow and White-fronted Geese

A

ember 1, 1998. In

addition, the same dates and season length permitted the State of

Michigan during the Special September Canada goose Season.

Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or

white-fronted geese taken. In addition, the same bag limit permitted

the State of Michigan during the Special September Canada goose Season.

Geese: Blue, Snow and White-fronted Geese

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 geese, minus the number of Canada geese taken.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 geese, minus the number of Canada geese taken.

Other Migratory Birds: All Ceded Areas

A. Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 20 coots and common moorhens (common gallinules),

singly or in the aggregate.

B. Sora and Virginia Rails

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 25 sora and Virginia rails singly, or in the

aggregate.

C. Common Snipe

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 8 common snipe.

D. Woodcock

Season Dates: Begin September 8 and end December 1, 1998.

Daily Bag Limit: 5 woodcock.

General Conditions

1. While hunting waterfowl, a tribal member must carry on his/her

person a valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal members will be required to

comply with tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3

tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3. Tribal members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

4. Possession limits for each species are double the daily bag

limit, except on the opening day of the season, when the possession

limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

residence. For purposes of enforcing bag and possession limits, all

migratory birds in the possession or custody of tribal members on ceded

lands will be considered to have been taken on those lands unless

tagged by a tribal or State conservation warden as having been taken

on-reservation. In Wisconsin, such tagging will comply with applicable

State laws. All migratory birds which fall on reservation lands will

not count as part of any off-reservation bag or possession limit.

5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members

hunting in Michigan and Minnesota will comply with tribal codes that

contain provisions that parallel applicable State laws concerning duck

blinds and/or decoys.

ing will comply with applicable

State laws. All migratory birds which fall on reservation lands will

not count as part of any off-reservation bag or possession limit.

5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members

hunting in Michigan and Minnesota will comply with tribal codes that

contain provisions that parallel applicable State laws concerning duck

blinds and/or decoys.

(g) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New

Mexico (Tribal Members and Non-Tribal Hunters)

The Jicarilla Apache Tribe has had special migratory bird hunting

regulations for tribal members and nonmembers since the 1986-87 hunting

season. The tribe owns all lands on the reservation and has recognized

full wildlife management authority. In general, the proposed seasons

would be more conservative than allowed by the Federal frameworks of

last season and by States in the Pacific Flyway.

In a May 13, 1998, proposal, the tribe proposed a 1998-99 waterfowl

season opening date of October 3 and a closing date of November 30,

1998. Daily bag and possession limits would be the same as Pacific

Flyway States. The tribe proposes a new, restrictive season on Canada

geese with a 1-bird daily bag limit. Other regulations specific to the

Pacific Flyway guidelines for New Mexico would be in effect.

The Jicarilla Game and Fish Department's annual estimate of

waterfowl harvest is relatively small. In the 1996-97 season, estimated

duck harvest was 816, a significant decrease from 1,234 in 1996-97. The

species composition in the past has included mainly mallards, gadwall,

wigeon, and teal. Northern pintail comprised only 2 percent of the

total harvest in 1997.

The proposed regulations are essentially the same as were

established last year, with the exception of an open season on Canada

geese. The tribe anticipates the maximum 1998-99 waterfowl harvest

would be around 1,000 to 1,400 ducks and 25 to 50 geese.

The Service proposes to approve the tribe's requested 1998-99

hunting seasons.

pintail comprised only 2 percent of the

total harvest in 1997.

The proposed regulations are essentially the same as were

established last year, with the exception of an open season on Canada

geese. The tribe anticipates the maximum 1998-99 waterfowl harvest

would be around 1,000 to 1,400 ducks and 25 to 50 geese.

The Service proposes to approve the tribe's requested 1998-99

hunting seasons.

(h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal

Members and Non-Tribal Hunters)

The Kalispel Reservation was established by Executive Order in

1914, and currently comprises approximately 4,600 acres. The tribe owns

all Reservation land and has full management authority. The Kalispel

Tribe has a fully developed wildlife program with hunting and fishing

codes. The tribe enjoys excellent wildlife management relations with

the State. The tribe and the State have an operational Memorandum of

Understanding with emphasis on fisheries but also for wildlife. The

non-tribal member seasons described below pertain to a 176-acre

waterfowl management unit. The tribe is utilizing this opportunity to

rehabilitate an area that needs protection because of past land use

practices, as well as to provide additional waterfowl hunting in the

area.

In 1996, for the first time, the requested regulations also

included a proposal for Kalispel-member only migratory bird hunting on

Kalispel-ceded lands within Washington, Montana, and Idaho.

For the 1998-99 migratory bird hunting seasons, the Kalispel Tribe

proposed, in a June 29, 1998, letter, tribal and non-tribal member

waterfowl seasons. For non-tribal members, the tribe requests seasons

which begin September 1, 1998 and end January 31, 1999. In that period,

non-tribal hunters would be allowed to hunt on weekends, holidays and

continuously in the month of December for a total of about 99 days.

Hunters should obtain further information on days from the Kalispel

Tribe

98, letter, tribal and non-tribal member

waterfowl seasons. For non-tribal members, the tribe requests seasons

which begin September 1, 1998 and end January 31, 1999. In that period,

non-tribal hunters would be allowed to hunt on weekends, holidays and

continuously in the month of December for a total of about 99 days.

Hunters should obtain further information on days from the Kalispel

Tribe. Daily bag and possession limits would be the same as those for

the State of Washington. The tribe reports a 1997-98 non-tribal harvest

of 6 ducks and 0 geese. Under the proposal, the tribe expects harvest

to be similar to last year and less than 200 geese and 250 ducks.

All other State and Federal regulations contained in 50 CFR part

20, such as use of steel shot and possession of a signed migratory bird

hunting stamp, would be required.

For tribal members on Kalispel-ceded lands, the Kalispel proposes

outside frameworks for ducks and geese of September 1, 1998, through

January 31, 1999. However, during that period, the tribe proposes that

the season run continuously. Daily bag and possession limits would be

the same as those for the States of Washington and Idaho. The tribe

reports that there was no 1997-98 tribal harvest. Under the proposal,

the tribe expects harvest to be less than 250 geese and 250 ducks.

Tribal members would be required to possess a signed Federal

migratory bird stamp and a tribal ceded lands permit.

The Service proposes to approve the regulations requested by the

Kalispel Tribe provided that the non-tribal seasons conform to final

Federal frameworks for the Pacific Flyway. For the 1998-99 season,

outside Federal frameworks in the Pacific Flyway are October 3, 1998,

through January 17, 1999 for ducks and geese.

(I) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

eded lands permit.

The Service proposes to approve the regulations requested by the

Kalispel Tribe provided that the non-tribal seasons conform to final

Federal frameworks for the Pacific Flyway. For the 1998-99 season,

outside Federal frameworks in the Pacific Flyway are October 3, 1998,

through January 17, 1999 for ducks and geese.

(I) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

The Klamath Tribe currently has no reservation, per se. However,

the Klamath Tribe has reserved hunting, fishing and gathering rights

within its former reservation boundary. This area of former

reservation, granted to the Klamaths by the Treaty of 1864, is over 1

million acres. Tribal natural resource management authority is derived

from the Treaty of 1864, and carried out cooperatively under the

judicially enforced Consent Decree of 1981. The parties to this Consent

Decree are the Federal Government, the State of Oregon and the

Klamaths. The Klamath Indian Game Commission sets the seasons. The

tribal biological staff and tribal Regulatory Enforcement Officers

monitor tribal harvest by frequent bag checks and hunter interviews.

In a July 14, 1998, letter, the Klamath Tribe proposed season dates

that run from October 1, 1998, through January 31, 1999. Daily bag

limits would be 9 for ducks and 6 for geese with possession limits

twice the daily bag limit. The daily bag and possession limit for coots

would be 25. Shooting hours would be one-half hour before sunrise to

one-half hour after sunset.

Based on the number of birds produced in the Klamath Basin, the

tribe expects that this year's harvest will be similar to last year's.

Information on tribal harvest suggests that more than 70 percent of the

annual goose harvest is local birds produced in the Klamath basin.

The Service proposes to approve the regulations of the Klamath

Tribe.

our before sunrise to

one-half hour after sunset.

Based on the number of birds produced in the Klamath Basin, the

tribe expects that this year's harvest will be similar to last year's.

Information on tribal harvest suggests that more than 70 percent of the

annual goose harvest is local birds produced in the Klamath basin.

The Service proposes to approve the regulations of the Klamath

Tribe.

(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,

South Dakota (Tribal Members and Non-Tribal Hunters)

The Lower Brule Sioux Tribe first established tribal migratory bird

hunting regulations for the Lower Brule Reservation in 1994. The Lower

Brule Reservation is about 214,000 acres in size and is located on and

adjacent to the Missouri River, south of Pierre. Land ownership on the

reservation is mixed, and until recently, the Lower Brule Tribe had

full management authority over fish and wildlife via a MOA with the

State of South Dakota. The MOA provided the tribe jurisdiction over

fish and wildlife on reservation lands, including deeded and Corps of

Engineers taken lands. However, the tribe is currently in litigation

with the State of South Dakota regarding jurisdiction. A recent Federal

District Court ruling and consequent Circuit Court decisions have

jeopardized the Tribal/State Agreement that had been in place from 1986

to 1996. At this time, the ruling is being appealed to the U.S. Supreme

Court and a motion for a stay has been filed. For the 1998-99 season,

the two parties have come to a tentative agreement and meetings between

the Lower Brule Sioux Tribe and the South Dakota Department of Game,

Fish and Parks are continuing. It is anticipated that an agreement will

be established and management authority clarified to allow the public a

clear understanding of the Lower Brule Sioux Wildlife Department

license requirements and hunting season regulations. The Lower Brule

Reservation waterfowl season is open to tribal and non-tribal hunters

Tribe and the South Dakota Department of Game,

Fish and Parks are continuing. It is anticipated that an agreement will

be established and management authority clarified to allow the public a

clear understanding of the Lower Brule Sioux Wildlife Department

license requirements and hunting season regulations. The Lower Brule

Reservation waterfowl season is open to tribal and non-tribal hunters.

For the 1998-99 migratory bird hunting season, the Lower Brule

Sioux Tribe proposes a duck and coot season length of 97 days, the same

number of days tentatively allowed in the High Plains Management Unit

for this season. The tribe's proposed season would run from October 3,

1998, through January 7, 1999. The daily bag limit would be 6 birds,

including no more than 5 mallards (only 1 of which may be a hen), 1

pintail, 2 redheads, 2 wood ducks, 1 canvasback, 1 hooded merganser,

and 1 mottled duck. The daily bag limit for coots would be 15.

Possession limits would be twice the daily bag limits. The tribe also

proposes a 2-day youth waterfowl weekend on September 26 and 27, 1998.

The tribe's proposed dark goose season would run from October 17,

1998, through January 10, 1999, with a daily bag limit of 3 dark geese,

which may not include more than 1 white-fronted geese. The tribe's

proposed light goose season would run from October 17, 1998, through

January 10, 1999, and February 18 through March 10, 1999. The light

goose daily bag limit would be 10. Possession limits would be twice the

daily bag limits.

The tribe also proposes a tundra swan season running from October

17, 1998, to January 10, 1999 with a 1 tundra swan season bag limit.

In the 1997-98 season, hunters harvested an estimated 2,504 geese

and 609 ducks. In 1994, duck harvest species composition was primarily

mallard (57 percent), gadwall (10 percent), and green-winged teal (10

percent). Goose harvest is traditionally, 98 percent Canada geese

so proposes a tundra swan season running from October

17, 1998, to January 10, 1999 with a 1 tundra swan season bag limit.

In the 1997-98 season, hunters harvested an estimated 2,504 geese

and 609 ducks. In 1994, duck harvest species composition was primarily

mallard (57 percent), gadwall (10 percent), and green-winged teal (10

percent). Goose harvest is traditionally, 98 percent Canada geese.

The tribe anticipates a duck harvest similar to last year, a goose

harvest similar to the target harvest level of 3,000 to 4,000 geese,

and 3 to 5 tundra swans if its 1998-99 regulations are approved. All

basic Federal regulations contained in 50 CFR part 20, including the

use of steel shot, Migratory Waterfowl Hunting and Conservation Stamp,

etc., would be observed by the tribe's proposed regulations. In

addition, the Lower Brule Sioux Tribe has an official Conservation Code

that was established by Tribal Council Resolution on June 1982 and

updated in 1996.

The Service proposes to approve the tribe's proposed regulations

for the Lower Brule Reservation with two exceptions. First, Federal

frameworks for tundra swan hunting in South Dakota do not allow tundra

swan seasons west of the Missouri River because of concerns for the

potential harvest of trumpeter swans. Thus, the Service cannot approve

the tribe's requested tundra swan season. Second, the July 17, 1998,

(63 FR 38700) proposed early-season frameworks provided for a 1-day

special youth waterfowl hunt. Any special youth waterfowl hunt for non-

tribal members should conform to the final Federal frameworks to be

published in late August.

e of concerns for the

potential harvest of trumpeter swans. Thus, the Service cannot approve

the tribe's requested tundra swan season. Second, the July 17, 1998,

(63 FR 38700) proposed early-season frameworks provided for a 1-day

special youth waterfowl hunt. Any special youth waterfowl hunt for non-

tribal members should conform to the final Federal frameworks to be

published in late August.

(k) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona

(Tribal Members and Non-Tribal Hunters)

Since 1985, the Service has established uniform migratory bird

hunting regulations for tribal members and nonmembers on the Navajo

Indian Reservation (in parts of Arizona, New Mexico, and Utah). The

nation owns almost all lands on the reservation and has full wildlife

management authority.

In a July 20, 1998, communication, the tribe proposed special

migratory bird hunting regulations on the reservation for both tribal

and non-tribal members for the 1998-99 hunting season for ducks

(including mergansers), Canada geese, coots, band-tailed pigeons, and

mourning doves. For waterfowl, the Navajo Nation requests the earliest

opening dates and longest seasons, and the same daily bag and

possession limits, permitted Pacific Flyway States under final Federal

frameworks.

For both mourning dove and band-tailed pigeons, the Navajo Nation

proposes seasons of September 1 through 30. The Navajo Nation also

proposes daily bag limits of 10 and 5 for mourning dove and band-tailed

pigeon, respectively. Possession limits would be twice the daily bag

limits.

In addition, the nation proposes to require tribal members and non-

members to comply with all basic Federal migratory bird hunting

regulations in 50 CFR part 20 pertaining to shooting hours and manner

of taking. In addition, each waterfowl hunter 16

oses daily bag limits of 10 and 5 for mourning dove and band-tailed

pigeon, respectively. Possession limits would be twice the daily bag

limits.

In addition, the nation proposes to require tribal members and non-

members to comply with all basic Federal migratory bird hunting

regulations in 50 CFR part 20 pertaining to shooting hours and manner

of taking. In addition, each waterfowl hunter 16

years of age or over must carry on his/her person a valid Migratory

Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across

the face. Special regulations established by the Navajo Nation also

apply on the reservation.

The Service proposes to approve the Navajo Nation request for these

special regulations for the 1998-99 migratory bird hunting seasons.

(l) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal

Members Only)

Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the

Service have cooperated to establish uniform regulations for migratory

bird hunting by tribal and non-tribal hunters within the original

Oneida Reservation boundaries. Since 1985, the Oneida Tribe's

Conservation Department has enforced their own hunting regulations

within those original reservation limits. The Oneida Tribe also has a

good working relationship with the State of Wisconsin and the majority

of the seasons and limits are the same for the tribe and Wisconsin.

In a May 19, 1998, letter to the Service, the tribe proposed

special migratory bird hunting regulations. For ducks, the tribe

described the general ``outside dates'' as being September 19 through

November 15, 1998, inclusive. The tribe proposes a daily bag limit of 6

birds, which could include no more than 4 mallards (1 hen mallard), 5

wood ducks, 1 canvasback, 1 redhead, 2 pintails, and 1 hooded

merganser.

For geese, the tribe recommends a season between September 1 and

December 31, 1998, with a Canada goose bag limit of 3 tribally-tagged

geese per day. The tribe will reissue 3 tags when 3 birds are

registered

shells.

The Service proposes to approve the request for special migratory

bird hunting regulations for the Oneida Tribe of Indians of Wisconsin.

The Service again notes that the Oneida tribe has traditionally delayed

the opening of their duck season to September 15 to avoid possible

significant impacts on local nesting duck populations and commends the

tribe for these conservation efforts.

(m) Point No Point Treaty Tribes, Kingston, Washington (Tribal Members

Only)

For the first time in 1996, the Service and the Point No Point

Treaty Tribes, consisting of the Skokomish, Port Gamble S'klallam,

Jamestown S'klallam, and Elwha S'klallam tribes, cooperated to

establish special regulations for migratory bird hunting. The four

tribes have reservations located on the Olympic Peninsula in

Washington. All four tribes have successfully administered tribal

hunting regulations since 1985 and each tribe has a comprehensive

hunting ordinance.

The tribes' July 20, 1998, proposal requests seasons for ducks,

geese, brant, coots, snipe, and mourning doves. For ducks, coots, geese

(including brant), and snipe, the tribes request a September 15, 1998,

to January 15, 1999, season with a daily bag limit of 7 ducks, 25

coots, 4 geese (including no more than 2 brant or 3 light geese), and 8

snipe. The duck daily bag limit would include mergansers and could

include no more than 2 hen mallards, 3 pintails, 1 canvasback, and 2

redheads. The season is closed on harlequin ducks and Aleutian Canada

geese. All possession limits would be twice the daily bag limit. For

mourning doves, the tribes propose a September 1 to September 30, 1998,

season with a daily bag limit of 10.

Tribal harvest last year under similar regulations was

approximately 110 ducks, 25 geese and 20 coots. The Service proposes to

approve the Point No Point Treaty Tribes requested 1998-99 regulations.

d Aleutian Canada

geese. All possession limits would be twice the daily bag limit. For

mourning doves, the tribes propose a September 1 to September 30, 1998,

season with a daily bag limit of 10.

Tribal harvest last year under similar regulations was

approximately 110 ducks, 25 geese and 20 coots. The Service proposes to

approve the Point No Point Treaty Tribes requested 1998-99 regulations.

(n) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,

Idaho (Non-Tribal Hunters)

Almost all of the Fort Hall Indian Reservation is tribally-owned.

The tribes claim full wildlife management authority throughout the

reservation, but the Idaho Fish and Game Department has disputed tribal

jurisdiction, especially for hunting by non-tribal members on

reservation lands owned by non-Indians. As a compromise, since 1985,

the Service has established the same waterfowl hunting regulations on

the reservation and in a surrounding off-reservation State zone. The

regulations were requested by the tribes and provided for different

season dates than in the remainder of the State. The Service agreed to

the season dates because they seemed to provide additional protection

to mallards and pintails. The State of Idaho concurred with the zoning

arrangement. The Service has no objection to the State's use of this

zone again in the 1998-99 hunting season, provided the duck and goose

hunting season dates are the same as on the reservation.

In a July 29, 1998, proposal for the 1998-99 hunting season, the

Shoshone-Bannock Tribes requested a continuous duck (including

mergansers) season with the maximum number of days and the same daily

bag and possession limits permitted Pacific Flyway States, under final

Federal frameworks. The tribes propose that, if the same number of

hunting days are permitted as last year, the season would have an

opening date of October 4, 1998, and a closing date of January 11,

1999

ck Tribes requested a continuous duck (including

mergansers) season with the maximum number of days and the same daily

bag and possession limits permitted Pacific Flyway States, under final

Federal frameworks. The tribes propose that, if the same number of

hunting days are permitted as last year, the season would have an

opening date of October 4, 1998, and a closing date of January 11,

1999. Coot and snipe season dates would be the same as for ducks, with

the same daily bag and possession limits permitted Pacific Flyway

States. The tribes anticipate harvest will be between 2,000 and 5,000

ducks.

The tribes also requested a continuous goose season with the

maximum number of days and the same daily bag and possession limits

permitted Idaho under Federal frameworks. The tribes propose that, if

the same number of hunting days are permitted as in previous years, the

season would have an opening date of October 4, 1998, and a closing

date of January 11, 1999. The tribes anticipate harvest will be between

4,000 and 6,000 geese.

Non-tribal hunters must comply with all basic Federal migratory

bird hunting regulations in 50 CFR part 20, pertaining to shooting

hours, use of steel shot, and manner of taking. Special regulations

established by the Shoshone-Bannock Tribes also apply on the

reservation.

The Service notes that the requested regulations are nearly

identical to those of last year and proposes they be approved for the

1998-99 hunting season.

th all basic Federal migratory

bird hunting regulations in 50 CFR part 20, pertaining to shooting

hours, use of steel shot, and manner of taking. Special regulations

established by the Shoshone-Bannock Tribes also apply on the

reservation.

The Service notes that the requested regulations are nearly

identical to those of last year and proposes they be approved for the

1998-99 hunting season.

(o) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,

Washington (Tribal Members Only)

The Squaxin Island Tribe of Washington and the Service have

cooperated since 1995 to establish special tribal migratory bird

hunting

regulations. These special regulations would apply to tribal members on

the Squaxin Island Reservation, located in western Washington near

Olympia, and all lands within the traditional hunting grounds of the

Squaxin Island Tribe.

For the 1998-99 season, the tribe proposes establishing duck, coot,

and snipe seasons that would run from September 15, 1998, through

January 15, 1999. The daily bag limit for ducks would be 5 per day and

could include only 1 canvasback. The season on harlequin ducks would be

closed. For coots and snipe, the daily bag limit would be 25 and 8,

respectively.

For geese, the tribe proposes establishing a season that would run

from September 15, 1998, through January 15, 1999. The daily bag limit

for geese would be 4 per day and could include only 2 snow geese and 1

dusky Canada goose. The season on Aleutian and Cackling Canada geese

would be closed.

For brant, the tribe proposes establishing a September 15 to

December 31, 1998, season with a daily bag limits of 2 birds per day.

The tribe also proposes a September 15 to December 1, 1998, season for

band-tailed pigeons with a daily bag limit of 2 per day.

In all cases, the possession limit would be twice the daily bag

limit. Shooting hours would be from one-half hour before sunrise to

one-half hour after sunset and steel shot would be required for

migratory bird hunting

son with a daily bag limits of 2 birds per day.

The tribe also proposes a September 15 to December 1, 1998, season for

band-tailed pigeons with a daily bag limit of 2 per day.

In all cases, the possession limit would be twice the daily bag

limit. Shooting hours would be from one-half hour before sunrise to

one-half hour after sunset and steel shot would be required for

migratory bird hunting. Further, the tribe requires all harvest be

reported to their Natural Resources Office within 72 hours.

In 1995, the tribe reported that there was no harvest of any

species. Tribal regulations are enforced by the tribe's Law Enforcement

Department. The Service proposes to approve the Squaxin Island Tribe's

requested 1998-99 special migratory bird hunting regulations.

(p) Swinomish Indian Tribal Community, LaConner, Washington (Tribal

Members Only)

In 1996, the Service and the Swinomish Indian Tribal Community

began cooperating to establish special regulations for migratory bird

hunting. The Swinomish Indian Tribal Community is a federally

recognized Indian tribe consisting of the Suiattle, Skagit, and

Kikialos tribes. The Swinomish Reservation was established by the Point

Elliott Treaty of 1855 and lies in the Puget Sound area north of

Seattle, Washington.

The Tribal Community proposes an off-reservation duck, merganser,

Canada goose, brant, and coot season opening on the earliest possible

date allowed by the final Federal frameworks for the Pacific Flyway and

closing 30 days after the State of Washington closes. Daily bag and

possession limits would be the same as those allowed by the State

except that the Swinomish request an additional three birds of each

species over that allowed by the State.

The Community anticipates that the proposed regulations will result

in the harvest of approximately 200 to 300 ducks, 25 to 50 Canada

geese, 75 mergansers, 100 brant, and 50 coot

State of Washington closes. Daily bag and

possession limits would be the same as those allowed by the State

except that the Swinomish request an additional three birds of each

species over that allowed by the State.

The Community anticipates that the proposed regulations will result

in the harvest of approximately 200 to 300 ducks, 25 to 50 Canada

geese, 75 mergansers, 100 brant, and 50 coot. The Swinomish propose a

tag and permit system to monitor harvest and will implement steps to

limit harvest where conservation is needed. All tribal regulations will

be enforced by tribal fish and game officers.

On reservation, the Tribal Community proposes a hunting season for

the above mentioned species beginning on the earliest possible opening

date and closing March 9, 1999. The Swinomish propose to manage harvest

by a tagging system and anticipate harvest will be similar to that

expected off reservation.

The Service believes the estimated harvest by the Swinomish will be

minimal and will not adversely effect migratory bird populations. The

Service proposes to approve the Tribal Community's proposed regulations

for the 1998-99 season.

(q) The Tulalip Tribes of Washington, Tulalip Indian Reservation,

Marysville, Washington (Tribal Members and Non-Tribal Hunters)

The Tulalip Tribes are the successors in interest to the tribes and

bands signatory to the Treaty of Point Elliott of January 22, 1855. The

Tulalip Tribes' government is located on the Tulalip Indian Reservation

at Marysville, Washington. The tribes or individual tribal members own

all of the land on the reservation, and they have full wildlife

management authority. All lands within the boundaries of the Tulalip

Tribes Reservation are closed to non-member hunting unless opened by

Tulalip Tribal regulations.

In a July 22, 1998, letter, the Tulalip Tribes proposed tribal and

non-tribal hunting regulations for the 1998-99 seasons

he tribes or individual tribal members own

all of the land on the reservation, and they have full wildlife

management authority. All lands within the boundaries of the Tulalip

Tribes Reservation are closed to non-member hunting unless opened by

Tulalip Tribal regulations.

In a July 22, 1998, letter, the Tulalip Tribes proposed tribal and

non-tribal hunting regulations for the 1998-99 seasons. For ducks and

coot, the proposed season for tribal members would be from September

15, 1998, through February 1, 1999. In the case of non-tribal hunters

hunting on the reservation, the season would be the latest closing date

and the longest period of time allowed for the State of Washington

under final Pacific Flyway Federal frameworks. Daily bag and possession

limits for Tulalip Tribal members would be 6 and 12 ducks,

respectively, except that for blue-winged teal, canvasback, harlequin,

pintail, and wood duck, the bag and possession limits would be the same

as those established for the State of Washington in accordance with

final Federal frameworks. For non-tribal hunters, bag and possession

limits would be the same as those permitted the State of Washington

under final Federal frameworks. Non-tribal members should check with

the Tulalip tribal authorities regarding additional conservation

measures which may apply to specific species managed within the region.

For geese, tribal members are proposed to be allowed to hunt from

September 15, 1998, through February 1, 1999. Non-tribal hunters would

be allowed the longest season and the latest closing date permitted for

the State of Washington under final Federal frameworks. For tribal

hunters, the goose daily bag and possession limits would be 6 and 12,

respectively, except that the bag limits for brant, cackling Canada

geese and dusky Canada geese would be those established for the Pacific

Flyway in accordance with final Federal frameworks

llowed the longest season and the latest closing date permitted for

the State of Washington under final Federal frameworks. For tribal

hunters, the goose daily bag and possession limits would be 6 and 12,

respectively, except that the bag limits for brant, cackling Canada

geese and dusky Canada geese would be those established for the Pacific

Flyway in accordance with final Federal frameworks. For non-tribal

hunters hunting on reservation lands, the daily bag and possession

limits would be those established in accordance with final Federal

frameworks for the State of Washington. The Tulalip Tribes also set a

maximum annual bag limit on ducks and geese for those tribal members

who engage in subsistence hunting.

All hunters on Tulalip Tribal lands are required to adhere to

shooting hour regulations set at one-half hour before sunrise to

sunset, special tribal permit requirements, and a number of other

tribal regulations enforced by the tribe. Non-tribal hunters sixteen

years of age and older, hunting pursuant to Tulalip Tribes' Ordinance

No. 67, must possess a valid Federal Migratory Bird Hunting and

Conservation Stamp and a valid State of Washington Migratory Waterfowl

Stamp. Both stamps must be validated by signing across the face.

Although the season length requested by the Tulalip Tribes appears

to be quite liberal, harvest information indicates a total take by

tribal and non-tribal hunters under 1,000 ducks and 500 geese,

annually. The Service proposes approval of the Tulalip Tribes request

for the above seasons. The Service requests that harvest be monitored

closely and regulations be reevaluated for future years if harvest

becomes too great in relation to population numbers.

ears

to be quite liberal, harvest information indicates a total take by

tribal and non-tribal hunters under 1,000 ducks and 500 geese,

annually. The Service proposes approval of the Tulalip Tribes request

for the above seasons. The Service requests that harvest be monitored

closely and regulations be reevaluated for future years if harvest

becomes too great in relation to population numbers.

(r) White Mountain Apache Tribe, Fort Apache Indian Reservation,

Whiteriver, Arizona (Tribal Members and Non-Tribal Hunters)

The White Mountain Apache Tribe owns all reservation lands, and the

tribe has recognized full wildlife management authority. The White

Mountain Apache Tribe has requested regulations that are essentially

unchanged from those agreed to for the 1997-98 hunting year.

The hunting zone for waterfowl is restricted and is described as:

the entire length of the Black and Salt Rivers forming the southern

boundary of the reservation; the White River, extending from the Canyon

Day Stockman Station to the Salt River; and all stock ponds located

within Wildlife Management Units 4, 6 and 7. Tanks located below the

Mogollon Rim, within Wildlife Management Units 2 and 3 will be open to

waterfowl hunting during the 1998-99 season. All other waters of the

reservation would be closed to waterfowl hunting for the 1998-99

season.

For non-tribal and tribal hunters, the tribe proposes a continuous

duck, coot, merganser, gallinule and moorhen hunting season, with an

opening date of October 24, 1998, and a closing date of January 17,

1999. The tribe proposes a daily duck (including mergansers) bag limit

of 4, which may include no more than 2 redheads or 1 canvasback and 1

redhead, 1 pintail, and 3 mallards (including no more than 1 hen

mallard). The daily bag limit for coots, gallinules and moorhens would

be 25 singly, or in the aggregate.

For geese, the season is proposing a season from October 24, 1998,

through January 17, 1999

tribe proposes a daily duck (including mergansers) bag limit

of 4, which may include no more than 2 redheads or 1 canvasback and 1

redhead, 1 pintail, and 3 mallards (including no more than 1 hen

mallard). The daily bag limit for coots, gallinules and moorhens would

be 25 singly, or in the aggregate.

For geese, the season is proposing a season from October 24, 1998,

through January 17, 1999. Hunting would be limited to Canada geese, and

the daily bag limit would be 2.

Season dates for band-tailed pigeons and mourning doves would run

concurrently from September 1 through September 10, 1998, in Wildlife

Management Units 7 and 10, only. Proposed daily bag limits for band-

tailed pigeons and mourning doves would be 3 and 8, respectively.

Possession limits for the above species are twice the daily bag

limits. Shooting hours would be from one-half hour before sunrise to

sunset. There would be no open season for sandhill cranes, rails and

snipe on the White Mountain Apache lands under this proposal. A number

of special regulations apply to tribal and non-tribal hunters, which

may be obtained from the White Mountain Apache Tribe Game and Fish

Department.

The Service proposes to approve the regulations requested by the

tribe for the 1998-99 seasons.

(s) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-

Tribal Hunters)

On May 18, 1998, the Yankton Sioux Tribe submitted a waterfowl

hunting proposal for the 1998-99 season. The Yankton Sioux tribal

waterfowl hunting season would be open to both tribal members and non-

tribal hunters. The waterfowl hunting regulations would apply to tribal

and trust lands within the external boundaries of the reservation.

For duck (including mergansers) and coots, the Yankton Sioux Tribe

proposes a season starting October 17, 1998, and running for the

maximum amount of days allowed under the final Federal frameworks.

Daily bag and possession limits would be the same as those adopted by

the State of South Dakota

egulations would apply to tribal

and trust lands within the external boundaries of the reservation.

For duck (including mergansers) and coots, the Yankton Sioux Tribe

proposes a season starting October 17, 1998, and running for the

maximum amount of days allowed under the final Federal frameworks.

Daily bag and possession limits would be the same as those adopted by

the State of South Dakota.

For geese, the tribe has requested a dark geese (Canada geese,

brant, white-fronts) season starting October 31, 1998, and ending

January 31, 1999. The daily bag limit would be 3 geese (including no

more than 1 whitefront or brant). Possession limits would be twice the

daily bag limit. For snow geese, the proposed hunting season would

start October 31, 1998, and end January 24, 1999. Daily bag and

possession limits would be the same as those adopted by the State of

South Dakota.

All hunters would have to be in possession of a valid tribal

license while hunting on Yankton Sioux trust lands. Tribal and non-

tribal hunters must comply with all basic Federal migratory bird

hunting regulations in 50 CFR part 20, pertaining to shooting hours and

the manner of taking. Special regulations established by the Yankton

Sioux Tribe also apply on the reservation.

During the 1997-98 hunting season, the tribe reported that 54 non-

tribal hunters took 225 Canada geese, 30 snow geese, and 60 ducks.

Tribal members harvested less than 75 geese and 50 ducks.

The Service concurs with the Yankton Sioux proposal for the 1998-99

hunting season.

Public Comment Invited

king. Special regulations established by the Yankton

Sioux Tribe also apply on the reservation.

During the 1997-98 hunting season, the tribe reported that 54 non-

tribal hunters took 225 Canada geese, 30 snow geese, and 60 ducks.

Tribal members harvested less than 75 geese and 50 ducks.

The Service concurs with the Yankton Sioux proposal for the 1998-99

hunting season.

Public Comment Invited

The Service intends that adopted final rules be as responsive as

possible to all concerned interests and wants to obtain comments from

all interested areas of the public, as well as other government

agencies. Such comments, and any additional information received, may

lead to final regulations that differ from these proposals. However,

special circumstances involved in the establishment of these

regulations limit the amount of time the Service can allow for public

comment. Specifically, two considerations compress the time in which

the rulemaking process must operate: the need to establish final rules

before September 1, 1998, and the unavailability until late July of

specific reliable data for each year's status of waterfowl. Therefore,

the Service believes allowing comment periods past the dates specified

is contrary to the public interest.

E.O. 12866 requires each agency to write regulations that are easy

to understand. The Service invites comments on how to make this rule

easier to understand, including answers to questions such as the

following: (1) Are the requirements in the rule clearly stated? (2)

Does the rule contain technical language or jargon that interferes with

its clarity? (3) Does the format of the rule (grouping and order of

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to understand if it were divided

into more (but shorter) sections? (5) Is the description of the rule in

the ``Supplementary Information'' section of the preamble helpful in

understanding the proposed rule? What else could the Service do to make

the rule

t of the rule (grouping and order of

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to understand if it were divided

into more (but shorter) sections? (5) Is the description of the rule in

the ``Supplementary Information'' section of the preamble helpful in

understanding the proposed rule? What else could the Service do to make

the rule easier to understand?

Send a copy of any comments that concern how this rule could be

made easier to understand to: Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C Street, NW., Washington, D.C. 20240.

Comments may also be e-mailed to: E[email protected]

Comment Procedure

It is the policy of the Department of the Interior to afford the

public an opportunity to participate in the rulemaking process,

whenever practical. Accordingly, interested persons may participate by

submitting written comments to the Chief, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, Department of the Interior,

ms 634-ARLSQ, 1849 C Street, NW., Washington, D.C. 20240. The public

may inspect comments during normal business hours at the Service's

office in Room 634, Arlington Square Building, 4401 N. Fairfax Drive,

Arlington, VA. The Service will consider all comments received and will

try to acknowledge received comments, but may not provide an individual

response to each commenter.

Public Comments Received

The Service received two comments regarding the Notice of Intent

published

ents during normal business hours at the Service's

office in Room 634, Arlington Square Building, 4401 N. Fairfax Drive,

Arlington, VA. The Service will consider all comments received and will

try to acknowledge received comments, but may not provide an individual

response to each commenter.

Public Comments Received

The Service received two comments regarding the Notice of Intent

published

on March 20, 1998, which announced rulemaking on regulations for

migratory bird hunting by American Indian tribal members. The South

Dakota Department of Game, Fish, and Parks (South Dakota) commented on

the proposal by the Lower Brule Sioux Tribes. South Dakota questioned

whether a tundra swan permit would be required or whether all licensed

waterfowl hunters would be allowed to take a swan during the Tribes'

proposed tundra swan season. They further questioned whether hunters

would be queried after the season to determine the harvest, age ratio,

date and location of kill, and unretrieved kill. South Dakota also

believed that any special youth season on tribal land should conform to

the same framework allowed for the State's youth hunting season.

The Wisconsin Department of Natural Resources (Wisconsin) commented

on the GLIFWC's proposal. Wisconsin suggested monitoring the impact of

the daily bag limit on giant Canada goose restoration efforts and that

the Service and GLIFWC initiate and complete studies to show that

current GLIFWC duck regulations have no negative impact on local

populations before expanding hunting opportunities during time periods

when local birds are most vulnerable. Wisconsin also requested that

tribal members honor the noon opening for shooting hours for the first

day of the State's duck season and comply with the State's open water

hunting restrictions.

NEPA Consideration

ow that

current GLIFWC duck regulations have no negative impact on local

populations before expanding hunting opportunities during time periods

when local birds are most vulnerable. Wisconsin also requested that

tribal members honor the noon opening for shooting hours for the first

day of the State's duck season and comply with the State's open water

hunting restrictions.

NEPA Consideration

Pursuant to the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final

Environmental Statement for the Issuance of Annual Regulations

Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed

with the Council on Environmental Quality on June 6, 1975, and notice

of availability was published in the Federal Register on June 13, 1975,

(40 FR 25241). A supplement to the final environmental statement, the

``Final Supplemental Environmental Impact Statement: Issuance of Annual

Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-

14)'' was filed on June 9, 1988, and notice of availability was

published in the Federal Register on June 16, 1988 (53 FR 22582), and

June 17, 1988 (53 FR 22727). Copies of these documents are available

from the Service at the address indicated under the caption ADDRESSES.

In addition, an August 1985 Environmental Assessment titled

``Guidelines for Migratory Bird Hunting Regulations on Federal Indian

Reservations and Ceded Lands'' is available from the Service.

Endangered Species Act Considerations

1988 (53 FR 22582), and

June 17, 1988 (53 FR 22727). Copies of these documents are available

from the Service at the address indicated under the caption ADDRESSES.

In addition, an August 1985 Environmental Assessment titled

``Guidelines for Migratory Bird Hunting Regulations on Federal Indian

Reservations and Ceded Lands'' is available from the Service.

Endangered Species Act Considerations

Section 7 of the Endangered Species Act, as amended (16 U.S.C.

1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review

other programs administered by him and utilize such programs in

furtherance of the purposes of this Act'' (and) shall ``insure that any

action authorized, funded or carried out * * * is not likely to

jeopardize the continued existence of any endangered species or

threatened species or result in the destruction or adverse modification

of [critical] habitat * * *'' Consequently, the Service has initiated

section 7 consultation under the Endangered Species Act for the

proposed migratory bird hunting seasons including those which occur on

Federally recognized Indian reservations and ceded lands.

The Service will include findings from these consultations in a

biological opinion and may cause modification of some regulatory

measures proposed in this document. The final rule will reflect any

modifications. The Service's biological opinion resulting from its

Section 7 consultation are public documents available for public

inspection in the Service's Division of Endangered Species and Office

of Migratory Bird Management, U.S. Fish and Wildlife Service, at the

address indicated under the caption ADDRESSES.

Regulatory Flexibility Act

in this document. The final rule will reflect any

modifications. The Service's biological opinion resulting from its

Section 7 consultation are public documents available for public

inspection in the Service's Division of Endangered Species and Office

of Migratory Bird Management, U.S. Fish and Wildlife Service, at the

address indicated under the caption ADDRESSES.

Regulatory Flexibility Act

In the March 20, 1998, Federal Register, the Service reported

measures it took to comply with requirements of the Regulatory

Flexibility Act. One measure was to prepare a Small Entity Flexibility

Analysis (Analysis) in 1996 documenting the significant beneficial

economic effect on a substantial number of small entities. The Analysis

estimated that migratory bird hunters would spend between $254 and $592

million at small businesses. Copies of the Analysis are available upon

request from the Office of Migratory Bird Management. The Service is

currently updating the 1996 Analysis with information from the 1996

National Hunting and Fishing Survey.

Executive Order (E.O.) 12866

This proposed rule is not economically significant and was not

subject to review by the Office of Management and Budget (OMB) under

E.O. 12866.

Paperwork Reduction Act

The Service examined these proposed regulations under the Paperwork

Reduction Act of 1995 and found no information collection requirements.

The various recordkeeping and reporting requirements imposed under

other hunting regulations established in 50 CFR part 20, subpart K, are

utilized in the formulation of migratory game bird hunting regulations.

OMB has approved these information collection requirements and assigned

clearance numbers 1018-0015 (expires 08/31/1998) and 1018-0023 (expires

09/30/2000). The Service may not conduct or sponsor, and a person is

not required to respond to a collection of information unless it

displays a currently valid OMB control number.

Unfunded Mandates Reform Act

migratory game bird hunting regulations.

OMB has approved these information collection requirements and assigned

clearance numbers 1018-0015 (expires 08/31/1998) and 1018-0023 (expires

09/30/2000). The Service may not conduct or sponsor, and a person is

not required to respond to a collection of information unless it

displays a currently valid OMB control number.

Unfunded Mandates Reform Act

The Service has determined and certifies in compliance with the

requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that

this proposed rulemaking will not impose a cost of $100 million or more

in any given year on local or State government or private entities.

Civil Justice Reform--Executive Order 12988

The Department, in promulgating this proposed rule, has determined

that these regulations meet the applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive Order 12988.

Taking Implication Assessment

In accordance with Executive Order 12630, these rules, authorized

by the Migratory Bird Treaty Act, do not have significant takings

implications and do not affect any constitutionally protected property

rights. These rules will not result in the physical occupancy of

property, the physical invasion of property, or the regulatory taking

of any property. In fact, these rules allow hunters to exercise

privileges that would be otherwise unavailable; and, therefore, reduce

restrictions on the use of private and public property.

Federalism Effects

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. The Service annually prescribes

frameworks from which the States make selections and employ guidelines

to establish special regulations on Federal Indian reservations and

ceded lands. This process preserves the ability of the States and

Tribes to determine which seasons meet their individual needs. Any

State or Tribe may be more

onsibility over these species by

the Migratory Bird Treaty Act. The Service annually prescribes

frameworks from which the States make selections and employ guidelines

to establish special regulations on Federal Indian reservations and

ceded lands. This process preserves the ability of the States and

Tribes to determine which seasons meet their individual needs. Any

State or Tribe may be more

restrictive than the Federal frameworks at any time. The frameworks are

developed in a cooperative process with the States and the Flyway

Councils. This allows States to participate in the development of

frameworks from which they will make selections, thereby having an

influence on their own regulation. These rules do not have a

substantial direct effect on fiscal capacity, change the roles or

responsibilities of Federal or State governments, or intrude on State

policy or administration. Therefore, in accordance with Executive Order

12612, these regulations do not have significant federalism effects and

do not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. Thus, in accordance with the President's

memorandum of April 29, 1994, ``Government-to-Government Relations with

Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we

have evaluated possible effects on Federally recognized Indian tribes

and have determined that there are no effects on Indian trust

resources. However, by virtue of the tribal proposals contained in this

proposed rule, we have consulted with all the tribes affected by this

rule.

List of Subjects in 50 CFR Part 20

tions with

Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we

have evaluated possible effects on Federally recognized Indian tribes

and have determined that there are no effects on Indian trust

resources. However, by virtue of the tribal proposals contained in this

proposed rule, we have consulted with all the tribes affected by this

rule.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Based on the results of soon to be completed migratory game bird

studies, and having due consideration for any data or views submitted

by interested parties, this proposed rulemaking may result in the

adoption of special hunting regulations for migratory birds beginning

as early as September 1, 1998, on certain Federal Indian reservations,

off-reservation trust lands, and ceded lands. Taking into account both

reserved hunting rights and the degree to which tribes have full

wildlife management authority, the regulations only for tribal members

or for both tribal and non-tribal members may differ from those

established by States in which the reservations, off-reservation trust

lands, and ceded lands are located. The regulations will specify open

seasons, shooting hours, and bag and possession limits for rails, coot,

gallinules (including moorhen), woodcock, common snipe, band-tailed

pigeons, mourning doves, white-winged doves, ducks (including

mergansers) and geese.

The rules that eventually will be promulgated for the 1998-99

hunting season are authorized under the Migratory Bird Treaty Act

(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as

amended

and possession limits for rails, coot,

gallinules (including moorhen), woodcock, common snipe, band-tailed

pigeons, mourning doves, white-winged doves, ducks (including

mergansers) and geese.

The rules that eventually will be promulgated for the 1998-99

hunting season are authorized under the Migratory Bird Treaty Act

(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as

amended. The MBTA authorizes and directs the Secretary of the Interior,

having due regard for the zones of temperature and for the

distribution, abundance, economic value, breeding habits, and times and

lines of flight of migratory game birds, to determine when, to what

extent, and by what means such birds or any part, nest or egg thereof

may be taken, hunted, captured, killed, possessed, sold, purchased,

shipped, carried, exported or transported.

Dated: August 7, 1998.

Stephen C. Saunders,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-21936 Filed 8-13-98; 8:45 am]

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